Title VII prevents an employer from discriminating on the basis of religion against employees, and applicants for employment. In order not to discriminate an employer must be willing to offer religious accommodations in some, but not all cases. A religious accommodation is an exception to a rule, procedure, job requirement, or standard, because an employee’s, or applicant’s, religious beliefs are violated by one of these workplace requirements. An example of a workplace accommodation is allowing a Muslim woman to wear a hijab, despite having policies against hats and other head coverings. When a religious accommodation would impose an unfair burden on the employer it is not required. However, whether the law will consider the burden on the employer one that excuses the employer from offering the accommodation is a complex question of fact and law that there is no one-size fits all answer for. The consequences of not offering an accommodation, when one was required, is a very expensive lawsuit, both to defend against and pay if the accommodation needed to be offered. Do not risk a lawsuit by having a different view of what an undue hardship is than the Court, contact Joshua Sheskin at the Broward County Headquarters of Lubell Rosen for help in determining whether an accommodation is an undue burden, or whether you must provide it. By: Joshua H. Sheskin, Esq., 954-880-9500 – JHS@LubellRosen.com.
One of the most common misconceptions that employers have is that illegal immigrants cannot sue their employers. Illegal immigrants can sue their employers in Federal Court for the non-payment of minimum wage, and overtime, pay under the Fair Labor Standards Act (FLSA). Under the FLSA it does not matter whether someone is in the country illegally, nor will they be deported for filing a lawsuit. There are places in the country where an illegal immigrant cannot bring a Federal Lawsuit, but in Florida, Alabama, Georgia, and other states, an illegal immigrant can bring a lawsuit under the Fair Labor Standards Act (FLSA). Employers have to pay all of their employees in accordance with Federal Regulations or risk an expensive lawsuit. – By Joshua H. Sheskin, Esq., 954-880-9500 – JHS@LubellRosen.com